General Assembly Substitute Bill No. 516
February Session, 2018 *_____SB00516JUD___040418____*
General Assembly
Substitute Bill No. 516
February Session, 2018
*_____SB00516JUD___040418____*
AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS TO THE GENERAL STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (8) of subsection (a) of section 1-351 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(8) Exercise all powers the principal may have over any of the principal's digital device, digital asset, user account and electronically stored information, including any user account and digital asset that currently exists or may exist as technology develops, whether the same is in the principal's name or that the principal owns or lawfully uses jointly with any other individual; such powers include, but are not limited to, changing and circumventing the principal's username and password to gain access to such user accounts and information; transferring or withdrawing funds or other assets among or from such user accounts; and opening new user accounts in the principal's name, all as the agent determines is necessary or advisable. The principal may give the principal's lawful consent and [authorizes] authorize the agent to access, manage, control, delete and terminate any electronically stored information and communications of the principal to the extent fully allowable under the federal Electronic Communications Privacy Act of 1986, 18 USC 2510 et seq., as amended from time to time, the Connecticut Revised Uniform Fiduciary Access to Digital Assets Act, and any other federal, state or international privacy law or other law. The agent is authorized to take any actions the principal is authorized to take under all applicable terms of service, terms of use, licensing and other account agreements or laws. To the extent a specific reference to any federal, state, local or international law is required in order to give effect to the provisions of this subdivision, the principal may provide that the principal's intention is to so reference such law, whether such law is now in existence or comes into existence or is amended after the date of execution of the power of attorney; or
Sec. 2. Section 7-45 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
Each person making any certificate of birth, marriage, civil union, death or fetal death, or any copy of such certificate for the commissioner, or any sexton's report required by law, shall cause the same to be typewritten or printed in a legible manner as to all material information or facts required by the provisions of sections 7-48, 7-60, 7-62b, 46b-25 [,] and 46b-29 and contained in such certificate. If the certificate is in paper format, such person shall sign the certificate in black ink, shall state therein in what capacity such person so signs, and shall type or print in a legible manner the name of each person signing such certificate, under such person's signature. If the certificate is in an electronic format, such certificate shall be authenticated by the electronic vital records system of the department. Any certificate not complying with the requirements of this section shall be returned by the registrar with whom it is filed to the person making the same for the proper correction.
Sec. 3. Subdivision (4) of subsection (e) of section 10a-109n of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(4) (A) Any hearing regarding all or any part of any project, provided for by this section, shall be conducted by the particular commissioner having jurisdiction over the applicable license, permit, approval or other administrative action. Legal notice of such hearing shall be published in a newspaper having general circulation in an area which includes the municipality in which the particular part of such project is proposed to be built or is being built not more than ten nor less than five days in advance of such hearing.
(B) In rendering any decision in connection with any project, the commissioner shall weigh all competent material and substantial evidence presented by the applicant and the public in accordance with the applicable statute. The commissioner shall issue written findings and determinations upon which [its] the commissioner's decision is based. Such findings and determinations shall consist of evidence presented, including such matters as the commissioner deems appropriate, provided such matters, to the extent applicable to the particular permit, shall include the nature of any major adverse health and environmental impact of any project. The commissioner may reverse or modify any order or action at any time on the commissioner's own motion. The procedure for such reversal or modification shall be the same as the procedure for the original proceeding.
(C) Any administrative action taken by any commissioner in connection with any project may be appealed by an aggrieved party to the superior court for the judicial district of New Britain in accordance with the provisions of section 4-183, except as otherwise provided in sections 10a-109a to 10a-109y, inclusive. Such appeal shall be brought [within] not later than ten days [of] after the date of mailing to the parties to the proceeding of a notice of such order, decision or action by certified mail, return receipt requested, and the appellant shall serve a copy of the appeal on each party listed in the final decision at the address shown in such decision. Failure to make such service within such ten days on parties other [then] than the commissioner who rendered the final decision may not, in the discretion of the court, deprive the court of jurisdiction over such appeal. Within ten days after the service of such appeal, or within such further time as may be allowed by the court, the commissioner [which] who rendered such decision shall cause any portion of the record that had not been transcribed to be transcribed and shall cause either the original or a certified copy of the entire record of the proceeding appealed from to be transmitted to the reviewing court. Such record shall include the commissioner's findings of fact and conclusions of law, separately stated. If more than one commissioner has jurisdiction over the matter, such commissioners shall issue joint findings of fact and conclusions of law. Such appeal shall state the reasons upon which it is predicated and, notwithstanding any provisions of the general statutes to the contrary, shall not stay the development of any project. The commissioner [which] who rendered such decision shall appear as the respondent. Such appeals to the superior court shall each be privileged matters and shall be heard as soon after the return date as practicable. A court shall render its decision not later than twenty-one days after the date that the entire record, with the transcript, is filed with the court by the commissioner who rendered the decision.
(D) The court shall not substitute its judgment for that of the commissioner as to the weight of the evidence presented on a question of fact. The court shall affirm the decision of the commissioner unless the court finds that substantial rights of the party appealing such decision have been materially prejudiced because the findings, inferences, conclusions or decisions of the commissioner are: (i) In violation of constitutional or statutory provisions, (ii) in excess of the statutory authority of the commissioner, (iii) made upon unlawful procedure, (iv) affected by an error of law, (v) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record, or (vi) arbitrary, capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(E) If the court finds material prejudice, it may sustain the appeal. Upon sustaining an appeal, the court may render a judgment which modifies the decision of the commissioner, orders particular action of the commissioner or orders the commissioner to take such action as may be necessary to effect a particular action and the commissioner may issue a permit consistent with such judgment. Notwithstanding the foregoing, an applicant may file an amended application and the commissioner may, pursuant to the procedures set forth in sections 10a-109a to 10a-109y, inclusive, consider an amended application for an order, permit or other administrative action following court action.
(F) Notwithstanding the provisions of section 3-125, in consultation with the Attorney General, the university [is authorized and] may use the legal services of any private attorney, in connection with the construction, operation and maintenance of any project. The board of trustees shall determine the effective and efficient method or methods of legal services to accomplish the construction, operation and maintenance of all projects, taking into account the capacity, cost and expense of private counsel for such services and the capacity and direct and indirect cost and expense of, and identified by, the Attorney General for such services.
Sec. 4. Subsection (b) of section 16-50l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(b) Each application shall be accompanied by proof of service of a copy of such application on: (1) Each municipality in which any portion of such facility is to be located, both as primarily proposed and in the alternative locations listed, and any adjoining municipality having a boundary not more than two thousand five hundred feet from such facility, which copy shall be served on the chief executive officer of each such municipality and shall include notice of the date on or about which the application is to be filed, and the zoning commissions, planning commissions, planning and zoning commissions, conservation commissions and inland wetlands agencies of each such municipality, and the regional councils of governments which encompass each such municipality; (2) the Attorney General; (3) each member of the legislature in whose assembly or senate district the facility or any alternative location listed in the application is to be located; (4) any agency, department or instrumentality of the federal government that has jurisdiction, whether concurrent with the state or otherwise, over any matter that would be affected by such facility; (5) each state department, agency and commission named in subsection [(h)] (g) of section 16-50j; and (6) such other state and municipal bodies as the council may by regulation designate. A notice of such application shall be given to the general public, in municipalities entitled to receive notice under subdivision (1) of this subsection, by the publication of a summary of such application and the date on or about which it will be filed. Such notice shall be published under the regulations to be promulgated by the council, in such form and in such newspapers as will serve substantially to inform the public of such application and to afford interested persons sufficient time to prepare for and to be heard at the hearing prescribed in section 16-50m. Such notice shall be published in not less than ten-point type. A notice of such an application for a certificate for a facility described in subdivision (3), (4), (5) or (6) of subsection (a) of section 16-50i shall also be sent, by certified or registered mail, to each person appearing of record as an owner of property which abuts the proposed primary or alternative sites on which the facility would be located. Such notice shall be sent at the same time that notice of such application is given to the general public. Notice of an application for a certificate for a facility described in subdivision (1) of subsection (a) of section 16-50i shall also be provided to each electric distribution company customer in the municipality where the facility is proposed to be placed. Such notice shall (A) be provided on a separate enclosure with each customer's monthly bill for one or more months, (B) be provided by the electric distribution company not earlier than sixty days prior to filing the application with the council, but not later than the date that the application is filed with the council, and (C) include: A brief description of the project, including its location relative to the affected municipality and adjacent streets; a brief technical description of the project including its proposed length, voltage, and type and range of heights of support structures or underground configuration; the reason for the project; the address and a toll-free telephone number of the applicant by which additional information about the project can be obtained; and a statement in print no smaller than twenty-four-point type size stating "NOTICE OF PROPOSED CONSTRUCTION OF A HIGH VOLTAGE ELECTRIC TRANSMISSION LINE".
Sec. 5. Section 31-3c of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
The Labor Commissioner, with the approval of the Commissioners of Economic and Community Development and Education, shall establish a customized job training program for preemployment and postemployment job training for the purpose of meeting the labor requirements of manufacturing or economic base businesses [, as defined in subsection (l) of section 32-222,] and shall implement such job training program. Such job training program shall include training designed to increase the basic skills of employees, including, but not limited to, training in written and oral communication, mathematics or science, or training in technical and technological skills. The Labor Commissioner shall use funds appropriated to the Labor Department for vocational and manpower training in carrying out such job training program, except that not more than four per cent of such funds may be used to pay the cost of its administration. Upon receipt of a request for job training pursuant to this section, the Labor Commissioner shall notify the president of the Connecticut State Colleges and Universities, or his or her designee, of such request. The president, or his or her designee, shall determine if a training program exists or can be designed at a regional community-technical college to meet such training need and shall notify the Labor Commissioner of such determination. The Labor Commissioner shall, to the extent possible, make arrangements for the participation of the regional community-technical colleges, the Connecticut State University System, other institutions of higher education, other postsecondary institutions, adult education programs, opportunities industrialization centers and the Technical Education and Career System in implementing the program. Nothing in this section shall preclude the Labor Commissioner from considering or choosing other providers to meet such training need. Nothing in this section shall preclude an employer from considering or choosing other providers to meet the training needs of such employer, provided the Labor Commissioner approves such employer's use of such other providers. For the period from July 1, 1996, to June 30, 1999, the Labor Commissioner, or his or her designee, the chancellor of the community-technical colleges and the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to education shall meet semiannually to review actions taken pursuant to this section and section 32-6j.
Sec. 6. Subdivision (3) of section 31-11hh of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(3) "Board" means the Workforce Training Authority Board established pursuant to section 31-11ii, as amended by this act; and
Sec. 7. Subsection (a) of section 31-11ii of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) There is established a Workforce Training Authority Board that shall consist of the following members: (1) Four appointed by the Governor; (2) one appointed by the president pro tempore of the Senate; (3) one appointed by the Senate Republican president pro tempore; (4) one appointed by the speaker of the House of Representatives; (5) one appointed by the majority leader of the Senate; (6) one appointed by the majority leader of the House of Representatives; (7) one appointed by the minority leader of the Senate; (8) one appointed by the minority leader of the House of Representatives; (9) the Labor Commissioner, or the commissioner's designee, who shall serve as the chairperson of the board; (10) the Commissioner of [the Department of] Economic and Community Development, or the commissioner's designee; (11) the president of the Connecticut State Colleges and Universities, or the president's designee; (12) the president of The University of Connecticut, or the president's designee; and (13) the Commissioner of Correction, or the commissioner's designee. Each legislatively appointed member shall have skill, knowledge or experience in industries and sciences related to insurance, financial services, bioscience, advance manufacturing, digital media, green technology, and tourism. All initial appointments to the board pursuant to this subsection shall be made not later than October 1, 2017. Appointed members shall each serve a term that is coterminous with the respective appointing authority. Each member shall hold office until a successor is appointed. Any vacancy occurring on the board, other than by expiration of term, shall be filled in the same manner as the original appointment for the balance of the unexpired term.
Sec. 8. Section 31-11jj of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) There is established the Workforce Training Authority Fund, which shall be an account in the Department of Labor. The following moneys shall be deposited in the fund: (1) Any moneys received as part of a memorandum of understanding with the Workforce Training Authority Board; (2) all private contributions, gifts, grants, donations, bequests or devises received by the fund; and (3) to the extent not otherwise prohibited by state or federal law, any local, state or federal funds received by the fund.
(b) The Workforce Training Authority Fund shall be used: (1) To provide training assistance to eligible recipients as may be approved by the Workforce Training Authority Board pursuant to subsection (e) of this section, and (2) to pay or reimburse the administrator for administrative costs pursuant to subsection (c) of this section. Such training assistance shall be awarded for the purpose of: Developing and implementing training programs for the recruitment of businesses to the state and the training or retraining of persons in the state to achieve the workforce goals established by the Connecticut Employment and Training Commission and the relevant sections of the strategic master plan for higher education developed pursuant to section 10a-11b. Training assistance shall target job growth in the areas of insurance, financial services, bioscience, advance manufacturing, digital media, green technology [,] and tourism.
(c) All expenditures from the Workforce Training Authority Fund, except for administrative costs reimbursed to the administrator pursuant to subsection (h) of this section, shall be approved by the board, provided the board may delegate to staff of the administrator the approval of transactions not greater than one hundred thousand dollars. Any such approval by the board shall be (1) specific to an individual expenditure to be made; (2) for budgeted expenditures with such variations as the board may authorize at the time of such budget approval; or (3) for training assistance programs to be administered by staff of the administrator, subject to limits, eligibility requirements and other conditions established by the Workforce Training Authority Board at the time of such program approval.
(d) The administrator shall provide any necessary staff, office space, office systems and administrative support for the operation of the Workforce Training Authority Fund in accordance with this section. In acting as administrator of the fund, the Labor Department shall have and may exercise all of the powers set forth in the general statutes, provided expenditures from the fund shall be approved by the Workforce Training Authority Board pursuant to subsection (c) of this section.
(e) The Workforce Training Authority Board shall establish an application and approval process with guidelines and terms for the development and implementation of training programs awarded by the Workforce Training Authority Fund to any eligible recipient. Such guidelines and terms shall include: (1) A requirement that any applicant for training assistance operate in the state or propose to relocate operations to the state, in whole or in part, as a condition of such training assistance; (2) eligibility requirements for training, including a requirement for applicants to obtain matching funds from nonstate sources; (3) a process for preliminary review of applications for strength and eligibility by the administrator before such applications are presented to the board for consideration; (4) return on investment objectives, including, but not limited to, job growth and leveraged investment opportunities; (5) a requirement that any business that receives assistance must first consider applicants who have completed the universal intake form; and (6) such other guidelines and terms as the board determines to be necessary and appropriate in furtherance of the objectives of this section. In developing such guidelines, the board shall include considerations for the size of such businesses and the number of workers employed by such businesses. Additionally, the board shall give consideration to developing training programs and creating career pathways for formerly incarcerated individuals.
(f) Training assistance awarded from the Workforce Training Authority Fund to eligible recipients shall be used for costs related to facilities, necessary furniture, fixtures and equipment, development of programs, implementation of training programs, materials and supplies, compensation, apprenticeship and such other costs that the Workforce Training Authority Board determines pursuant to subsection (e) of this section to be eligible for training assistance within the purposes of this section.
(g) On July 1, 2018, and prior to the commencement of each fiscal year thereafter, the administrator shall prepare a plan of operations and an operating and capital budget for the Workforce Training Authority Fund, provided not later than ninety days prior to the start of each fiscal year, the administrator shall submit such plan and budget to the Workforce Training Authority Board for its review and approval.
(h) Administrative costs shall be paid or reimbursed to the administrator from the Workforce Training Authority Fund, provided the total of such administrative costs in any fiscal year shall not exceed five per cent of the total amount of the allotted funding for such fiscal year, as determined in the operating budget prepared pursuant to subsection (g) of this section. Nothing in this section shall be deemed to require the administrator to risk or expend the funds of the Labor Department in connection with the administration of the Workforce Training Authority Fund.
(i) On January 1, 2019, and annually thereafter, the administrator shall provide a report of the activities of the Workforce Training Authority Fund to the Workforce Training Authority Board for the board's review and approval. Upon such approval, the board shall provide such report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to labor, commerce and employment advancement. Such report shall contain available information on the status and progress of the operations and funding of the Workforce Training Authority Fund and the types, amounts and recipients of financial assistance awarded.
(j) The administrator shall consult with the office of apprenticeship training, the Connecticut Employment and Training Commission, the Planning Commission [on] for Higher Education and the Connecticut Manufacturing Innovation Fund to ensure coordination and compatibility of the development and implementation of training programs awarded [by] from the Workforce Training Authority Fund.
Sec. 9. Subsection (a) of section 31-12 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) No person under [the age of] eighteen years of age who is not enrolled in and has not graduated from a secondary educational institution shall be employed in any manufacturing or mechanical establishment more than nine hours in any day or forty-eight hours in any calendar week.
Sec. 10. Subsections (a) and (b) of section 31-13 of the 2018 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) No person under [the age of] eighteen years of age who is not enrolled in and has not graduated from a secondary educational institution shall be employed in any mercantile establishment more than eight hours in any one day, or more than six days in any one calendar week or more than forty-eight hours in any one calendar week.
(b) If the Labor Commissioner finds, upon application of an employer, that an emergency exists or that seasonal or peak demand places an unusual and temporary burden upon any mercantile establishment, any such person under [the age of] eighteen years of age may be employed in such establishment not more than ten hours in any day and not more than fifty-two hours in any calendar week, but the total number of weeks of any such employment in any twelve months shall not exceed eight.
Sec. 11. Subsection (b) of section 46a-170 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(b) The council shall consist of the following members: (1) The Chief State's Attorney, or a designee; (2) the Chief Public Defender, or a designee; (3) the Commissioner of Emergency Services and Public Protection, or the commissioner's designee; (4) the Labor Commissioner, or the commissioner's designee; (5) the Commissioner of Social Services, or the commissioner's designee; (6) the Commissioner of Public Health, or the commissioner's designee; (7) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (8) the Commissioner of Children and Families, or the commissioner's designee; (9) the Commissioner of Consumer Protection, or the commissioner's designee; (10) the director of the Basic Training Division of the Police Officer Standards and Training Council, or the director's designee; (11) the Child Advocate, or the Child Advocate's designee; (12) the Victim Advocate, or the Victim Advocate's designee; (13) the chairperson of the Commission on Women, Children and Seniors, or the chairperson's designee; (14) one representative of the Office of Victim Services of the Judicial Branch appointed by the Chief Court Administrator; (15) a municipal police chief appointed by the Connecticut Police Chiefs Association, or a designee; (16) the Commissioner of Education, or the commissioner's designee; (17) an adult victim of trafficking, appointed by the Governor; and (18) ten public members appointed as follows: The Governor shall appoint two members, one of whom shall represent victims of commercial exploitation of children and one of whom shall represent sex trafficking victims who are children, the president pro tempore of the Senate shall appoint two members, one of whom shall represent the Connecticut Alliance to End Sexual Violence and one of whom shall represent an organization that provides civil legal services to low-income individuals, the speaker of the House of Representatives shall appoint two members, one of whom shall represent the Connecticut Coalition Against Domestic Violence and one of whom shall represent the Connecticut Lodging Association, the majority leader of the Senate shall appoint one member who shall represent an organization that deals with behavioral health needs of women and children, the majority leader of the House of Representatives shall appoint one member who shall represent an organization that advocates on social justice and human rights issues, the minority leader of the Senate shall appoint one member who shall represent the Connecticut Immigrant and Refugee Coalition, and the minority leader of the House of Representatives shall appoint one member who shall represent the Motor Transport Association of Connecticut, Inc.
Sec. 12. Section 51-345 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) Except as provided in section 51-348 and subsections (b) to (h), inclusive, of this section, all civil process shall be made returnable to a judicial district, as follows:
(1) If all of the parties reside outside this state, to the judicial district where (A) the injury occurred, (B) the transaction occurred, or (C) the property is located or lawfully attached.
(2) If the defendant is not a resident, to the judicial district where the attached property is located.
(3) If either or both the plaintiff or the defendant are residents of this state, to the judicial district where either the plaintiff or the defendant resides, except:
(A) If either the plaintiff or the defendant resides in the town of Manchester, East Windsor, South Windsor or Enfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of Tolland.
(B) If either the plaintiff or the defendant resides in the town of Plymouth, the action may be made returnable at the option of the plaintiff to either the judicial district of New Britain or the judicial district of Waterbury.
(C) If either the plaintiff or the defendant resides in the town of Bethany, Milford, West Haven or Woodbridge, the action may be made returnable at the option of the plaintiff to either the judicial district of New Haven or the judicial district of Ansonia-Milford.
(D) If either the plaintiff or the defendant resides in the town of Southbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Ansonia-Milford or the judicial district of Waterbury.
(E) If either the plaintiff or the defendant resides in the town of Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston, Westport or Wilton, the action may be made returnable at the option of the plaintiff to either the judicial district of Stamford-Norwalk or the judicial district of Fairfield.
(F) If either the plaintiff or the defendant resides in the town of Watertown or Woodbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Waterbury or the judicial district of Litchfield.
(G) If either the plaintiff or the defendant resides in the town of Avon, Canton, Farmington or Simsbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain.
(H) If either the plaintiff or the defendant resides in the town of Newington, Rocky Hill or Wethersfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain, except for actions where venue is in the geographical area as provided in section 51-348 or in rules of court.
(I) If either the plaintiff or the defendant resides in the town of Cromwell, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of Middlesex.
(J) If either the plaintiff or the defendant resides in the town of New Milford, the action may be made returnable at the option of the plaintiff to either the judicial district of Danbury or the judicial district of Litchfield.
(K) If either the plaintiff or the defendant resides in the town of Windham or Ashford, the action may be made returnable at the option of the plaintiff to either the judicial district of Windham or the judicial district of Tolland.
(b) In all actions involving the title to land, for trespass to land and to foreclose or redeem mortgages or liens upon real property, civil process shall be made returnable to the judicial district where the real property is located, either entirely or in part, except:
(1) If the land is located in the town of Manchester, East Windsor, South Windsor or Enfield and either the plaintiff or the defendant resides in the town of Manchester, East Windsor, South Windsor or Enfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of Tolland.
(2) If the land is located in the town of Plymouth and either the plaintiff or the defendant resides in the town of Plymouth, the action may be made returnable at the option of the plaintiff to either the judicial district of New Britain or the judicial district of Waterbury.
(3) If the land is located in the town of Bethany, Milford, West Haven or Woodbridge and either the plaintiff or the defendant resides in the town of Bethany, Milford, West Haven or Woodbridge, the action may be made returnable at the option of the plaintiff to either the judicial district of New Haven or the judicial district of Ansonia-Milford.
(4) If the land is located in the town of Southbury and either the plaintiff or the defendant resides in the town of Southbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Ansonia-Milford or the judicial district of Waterbury.
(5) If the land is located in the town of Weston, Westport or Wilton and either the plaintiff or the defendant resides in any one of these towns, the action may be made returnable at the option of the plaintiff to either the judicial district of Stamford-Norwalk or the judicial district of Fairfield.
(6) If the land is located in the town of Watertown or Woodbury and either the plaintiff or the defendant resides in the town of Watertown or Woodbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Waterbury or the judicial district of Litchfield.
(7) If the land is located in the town of Avon, Canton, Farmington or Simsbury and either the plaintiff or the defendant resides in the town of Avon, Canton, Farmington or Simsbury, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain.
(8) If the land is located in the town of Newington, Rocky Hill or Wethersfield and either the plaintiff or the defendant resides in the town of Newington, Rocky Hill or Wethersfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain, except for actions where venue is in the geographical area as provided in section 51-348 or in rules of court.
(9) If the land is located in the town of New Milford and either the plaintiff or the defendant resides in the town of New Milford, the action may be made returnable at the option of the plaintiff to either the judicial district of Danbury or the judicial district of Litchfield.
(c) In all actions by a corporation, except actions made returnable under subsection (b), (d) or (g) of this section, civil process shall be made returnable as follows:
(1) If the plaintiff is either a domestic corporation or a United States corporation and the defendant is a resident, either (A) to the judicial district where the plaintiff has an office or place of business or (B) to the judicial district where the defendant resides.
(2) If the plaintiff is either a domestic corporation or a United States corporation and the defendant is a corporation, domestic or foreign, to the judicial district where (A) the plaintiff has an office or place of business, (B) the injury occurred, (C) the transaction occurred, or (D) the property is located or lawfully attached.
(3) If the plaintiff is a foreign corporation and the defendant is a resident, to the judicial district where the defendant resides.
(4) If the plaintiff is a foreign corporation and the defendant is a corporation, domestic or foreign, to the judicial district where (A) the injury occurred, (B) the transaction occurred, or (C) the property is located or lawfully attached.
(d) In all actions involving consumer transactions, civil process shall be made returnable to the judicial district where the consumer resides or where the transaction occurred. For the purposes of this subsection, "consumer transaction" means a transaction in which a natural person obligates himself to pay for goods sold or leased, services rendered or moneys loaned for personal, family or household purposes.
(e) In all actions for the partition or sale of any property, civil process shall be made returnable to the judicial district where the parties, or one of them, reside; but, if none of them resides in this state, then to the judicial district where all or a part of the property is located.
(f) In all actions by a nonresident executor, trustee under a will or administrator, civil process shall be made returnable to the same judicial district as would be proper if the plaintiff resided in the town where the court of probate which granted administration is held.
(g) Venue for small claims matters shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters. In small claims matters, civil process shall be made returnable to the Superior Court facility designated by the Chief Court Administrator to serve the small claims area where the plaintiff resides, where the defendant resides or is doing business or where the transaction or injury occurred. If the plaintiff is a domestic corporation, a United States corporation, a foreign corporation or a limited liability company, civil process shall be made returnable to a Superior Court facility designated by the Chief Court Administrator to serve the small claims area where the defendant resides or is doing business or where the transaction or injury occurred.
(h) (1) In all actions involving housing matters, as defined in section 47a-68, civil process shall be made returnable to the judicial district where the premises are located, except that actions described in subdivision (6) of section 47a-68 shall be heard in the geographical area where the premises are located unless otherwise provided in subsection (d) of section 51-348.
(2) Notwithstanding the provisions of subdivision (1) of this subsection concerning the judicial district to which civil process shall be made returnable:
(A) If the premises are located in Avon, Canton, Farmington, Newington, Rocky Hill, Simsbury or Wethersfield, the action may be made returnable at the option of the plaintiff to either the judicial district of Hartford or the judicial district of New Britain.
(B) If the premises are located in Ansonia, Beacon Falls, Derby, Oxford, Seymour or Shelton, the action shall be made returnable to the judicial district of Ansonia-Milford. After the filing of the action, the plaintiff or the defendant may request a change in venue to the judicial district of New Haven or the judicial district of Waterbury.
(C) If the premises are located in Milford, Orange or West Haven, the action shall be made returnable to the judicial district of New Haven.
Sec. 13. Subsection (a) of section 52-259 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, three hundred sixty dollars, except (1) two hundred thirty dollars for entering each case in the Superior Court in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars; (2) one hundred seventy-five dollars for summary process and landlord and tenant actions; (3) there shall be no entry fee for making an application to the Superior Court for relief under section 46b-15 or 46b-16a, or for making an application to modify or extend an order issued pursuant to section 46b-15 or 46b-16a; [and] (4) there shall be no entry fee for a civil action brought under section 53a-28a; and (5) there shall be no entry fee for a petition brought under subsection (f) of section 42a-9-518 and section 47-31a. If the amount, legal interest or property in demand by the plaintiff is alleged to be less than two thousand five hundred dollars, a new entry fee of seventy-five dollars shall be charged if the plaintiff amends his or her complaint to state that such demand is not less than two thousand five hundred dollars.
Sec. 14. Subsection (a) of section 53a-62 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) A person is guilty of threatening in the second degree when: (1) By physical threat, such person intentionally places or attempts to place another person in fear of imminent serious physical injury, (2) (A) such person threatens to commit any crime of violence with the intent to terrorize another person, or (B) such person threatens to commit such crime of violence in reckless disregard of the risk of causing such terror, or (3) such person violates subdivision (1) or (2) of this subsection and the person threatened is in a building or on the grounds of a (A) house of religious worship, (B) religiously-affiliated community center, (C) public or nonpublic preschool, school or institution of higher education, or (D) day care center, as defined in section 19a-87g, (i) during operational, preschool, school or instructional hours, or (ii) when a building or the grounds of such house of worship, community center, preschool, school, institution or day care center are being used for the provision of religious or community services [,] or house of worship, community center, preschool, school, institution or day care center-sponsored activities.
Sec. 15. Subsection (j) of section 54-47aa of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(j) Not later than January fifteenth of each year, each law enforcement official shall report to the Chief State's Attorney the information required by this subsection with respect to each order issued pursuant to subsections (b) and (c) of this section and each application made pursuant to subsection (d) of this section in the preceding calendar year. The Chief State's Attorney shall, based upon the reports filed by each law enforcement official and not later than January thirty-first of each year, submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to criminal law and procedure concerning orders issued pursuant to subsections (b) and (c) of this section and applications made pursuant to subsection (d) of this section in the preceding calendar year. The report shall include the following information: (1) The number of orders issued pursuant to subsections (b) and (c) of this [subsection] section and the number of applications submitted to telecommunications carriers or providers of electronic communication service or remote computing service pursuant to subsection (d) of this section, (2) whether the order was directed to a telecommunications carrier, provider of electronic communication service or provider of remote computing service, (3) whether the information sought was call-identifying information or basic subscriber information, (4) the statutory offense or offenses that were the subject of the investigation, (5) the number of notifications that were delayed pursuant to subsection (f) of this section, and the reason for such delayed notification, (6) the number of motions to vacate an order that were filed, and the number of motions granted or denied, (7) the number of investigations concluded and the final result of such investigations, and (8) the status of any criminal prosecution resulting from the investigation.
Sec. 16. Subsection (b) of section 54-211 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(b) No compensation shall be awarded if: (1) The offender is unjustly enriched by the award, provided compensation awarded to a victim which would benefit the offender in a minimal or inconsequential manner shall not be considered unjust enrichment; (2) the victim violated a penal law of this state, which violation caused or contributed to his or her injuries or death.
Sec. 17. Subsection (b) of section 54-230 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, the Office of Victim Services shall notify by mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228 whenever such person files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to [subsections] subsection (b) or (c) of said section or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.
Sec. 18. Subsection (b) of section 54-230a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, the Victim Services Unit within the Department of Correction shall notify by mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228 whenever such person files an application with the court to be exempted from the registration requirements of section 54-251 pursuant to [subsections] subsection (b) or (c) of said section or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption or of the restriction or the removal of the restriction being applied for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2018 1-351(a)(8)
Sec. 2 October 1, 2018 7-45
Sec. 3 October 1, 2018 10a-109n(e)(4)
Sec. 4 October 1, 2018 16-50l(b)
Sec. 5 October 1, 2018 31-3c
Sec. 6 October 1, 2018 31-11hh(3)
Sec. 7 October 1, 2018 31-11ii(a)
Sec. 8 October 1, 2018 31-11jj
Sec. 9 October 1, 2018 31-12(a)
Sec. 10 October 1, 2018 31-13(a) and (b)
Sec. 11 October 1, 2018 46a-170(b)
Sec. 12 October 1, 2018 51-345
Sec. 13 October 1, 2018 52-259(a)
Sec. 14 October 1, 2018 53a-62(a)
Sec. 15 October 1, 2018 54-47aa(j)
Sec. 16 October 1, 2018 54-211(b)
Sec. 17 October 1, 2018 54-230(b)
Sec. 18 October 1, 2018 54-230a(b)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2018
1-351(a)(8)
Sec. 2
October 1, 2018
7-45
Sec. 3
October 1, 2018
10a-109n(e)(4)
Sec. 4
October 1, 2018
16-50l(b)
Sec. 5
October 1, 2018
31-3c
Sec. 6
October 1, 2018
31-11hh(3)
Sec. 7
October 1, 2018
31-11ii(a)
Sec. 8
October 1, 2018
31-11jj
Sec. 9
October 1, 2018
31-12(a)
Sec. 10
October 1, 2018
31-13(a) and (b)
Sec. 11
October 1, 2018
46a-170(b)
Sec. 12
October 1, 2018
51-345
Sec. 13
October 1, 2018
52-259(a)
Sec. 14
October 1, 2018
53a-62(a)
Sec. 15
October 1, 2018
54-47aa(j)
Sec. 16
October 1, 2018
54-211(b)
Sec. 17
October 1, 2018
54-230(b)
Sec. 18
October 1, 2018
54-230a(b)
Statement of Legislative Commissioners:
In Section 3(4)(F), "the university is authorized and may use the legal services of any private attorney" was changed to "the university [is authorized and] may use the legal services of any private attorney" to eliminate redundancy, in Section 6, ", as amended by this act" was added after "31-11ii" for accuracy, and in Section 8(g), "the commencement of" was added for clarity.
JUD Joint Favorable Subst. -LCO
JUD
Joint Favorable Subst. -LCO